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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9073 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9073

To improve the environmental health outcomes of incarcerated people and 
           carceral facility workers, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2024

 Ms. Pressley (for herself, Mr. Bowman, Ms. Norton, Mrs. Ramirez, and 
  Ms. Tlaib) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To improve the environmental health outcomes of incarcerated people and 
           carceral facility workers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Environmental 
Health in Prisons Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
Sec. 4. Improving environmental monitoring and reporting at Federal 
                            carceral facilities.
Sec. 5. Communicating health information and options.
Sec. 6. National Environmental Policy Act Considerations.
Sec. 7. Procurement language.
Sec. 8. Creating model programs for environmental health improvements.
Sec. 9. Grant program to improve environmental health outcomes for 
                            people in State, local, and Tribal carceral 
                            facilities.
Sec. 10. Report on mitigation and adaptation measures.
Sec. 11. Prohibition on penalization or retaliation.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) many of the specific examples of environmental 
        injustice detailed in subsection (a) are widespread at carceral 
        facilities throughout the United States;
            (2) many of the examples of environmental injustice 
        detailed in subsection (a) are also commonly encountered within 
        communities with higher than average incarceration rates, 
        thereby perpetuating systemic patterns of environmental harm;
            (3) racial minorities and LGBTQ+ people are more likely to 
        be incarcerated and therefore bear a disproportionate burden of 
        the environmental health impacts of mass incarceration; and
            (4) incarcerated people and carceral facility staff 
        should--
                    (A) have the right to a healthy living environment;
                    (B) have access to reasonable alternatives and 
                options during environmental health emergencies; and
                    (C) have access to comprehensible information 
                regarding environmental health variables, rights, and 
                mitigation and adaptation measures to overcome 
                environmental health threats.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        the Judiciary and the Committee on Environment and Public Works 
        of the Senate and the Committee on the Judiciary, the Committee 
        on Oversight and Accountability, and the Committee on Energy 
        and Commerce of the House of Representatives.
            (2) Carceral facility.--The term ``carceral facility''--
                    (A) means physical infrastructure or an environment 
                in which currently incarcerated people are held or 
                required to spend significant periods of time; and
                    (B) includes a prison, jail, juvenile detention 
                center, juvenile secure facility, mental health 
                facility, treatment facility, rehabilitation center, 
                civil commitment facility, civil detention facility, 
                and immigration facility.
            (3) Carceral facility staff.--The term ``carceral facility 
        staff''--
                    (A) means a person employed at or by, or who 
                volunteers at, a carceral facility who faces exposure 
                to similar environmental stressors as people 
                incarcerated at the facility; and
                    (B) includes a person described in subparagraph (A) 
                who is a correctional officer, guard, contractor, 
                grounds staff, maintenance staff, cafeteria staff, 
                commissary and canteen staff, program staff, educator, 
                healthcare worker, religious staff, legal counsel or 
                advocate, or volunteer.
            (4) Comprehensible information.--The term ``comprehensible 
        information'', with respect to information communicated to an 
        incarcerated person, means a standard of accessibility that--
                    (A) is in agreement with a native language of the 
                person or a language the person speaks or reads with 
                enough fluency to comprehend technical information;
                    (B) facilitates comprehension based on the 
                educational level and disability status of the person;
                    (C) provides opportunity to seek out clarification 
                and ask questions regarding the information and its 
                implications for environmental health; and
                    (D) complies with section 504 of the Rehabilitation 
                Act of 1974 (29 U.S.C. 794), and its implementing 
                regulations or any successor regulations, and title II 
                of the Americans with Disabilities Act (42 U.S.C. 12131 
                et seq.), and its implementing regulations or any 
                successor regulations.
            (5) Director.--The term ``Director'' means the Director of 
        the Federal Bureau of Prisons.
            (6) Environmental health.--The term ``environmental 
        health'' means aspects of human health, including quality of 
        life and disease, that are impacted by environmental stressors.
            (7) Environmental stressor.--The term ``environmental 
        stressor'' means a physical, biological, chemical, or other 
        aspect of the natural or built environment, including the 
        presence or absence of functional infrastructure, which can 
        lead to adverse health outcomes.
            (8) Exposure.--The term ``exposure'' means the condition of 
        being subject to an environmental stressor through inhalation, 
        consumption, drinking, absorption, ambient conditions, or close 
        proximity.
            (9) Federal carceral facility.--The term ``Federal carceral 
        facility'' means a carceral facility operated by, affiliated 
        with, or operated under a contract with--
                    (A) the Bureau of Prisons;
                    (B) the United States Marshals Service;
                    (C) U.S. Immigration and Customs Enforcement; or
                    (D) the Bureau of Indian Affairs.
            (10) Incarcerated person.--The term ``incarcerated 
        person''--
                    (A) means an individual held in a carceral 
                facility; and
                    (B) includes an individual awaiting trial, an 
                individual awaiting a ruling by an immigration judge, 
                and an individual serving a sentence.
            (11) State, local, or tribal carceral facility.--The term 
        ``State, local, or Tribal carceral facility'' means a carceral 
        facility operated by, affiliated with, or operated under a 
        contract with a State, local, or Tribal government.
            (12) Superfund site.--The term ``Superfund site'' means a 
        hazardous waste site or a site on the National Priorities List 
        developed by the President in accordance with section 
        105(a)(8)(B) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 
        9605(a)(8)(B)).
            (13) Vulnerable population.--The term ``vulnerable 
        population''--
                    (A) means a group of incarcerated people and 
                carceral facility staff who are at higher risk of 
                exposure to environmental stressors or higher risk of 
                negative health outcomes from exposure to environmental 
                stressors; and
                    (B) includes--
                            (i) people who are older than 50 years of 
                        age;
                            (ii) children;
                            (iii) adolescents;
                            (iv) young adults who are between 18 years 
                        of age and 25 years of age;
                            (v) pregnant, post-natal, or breastfeeding 
                        people;
                            (vi) people who have preexisting medical 
                        conditions or take medications that can make 
                        them more susceptible to heat or cold;
                            (vii) people who work or labor at sites 
                        having conditions hazardous to human health;
                            (viii) people who have a disability that 
                        makes them especially susceptible to 
                        environmental stressors or less able to 
                        mitigate exposure to environmental stressors;
                            (ix) people who have been substantially and 
                        cumulatively exposed to environmental stressors 
                        on account of the duration of their sentence; 
                        and
                            (x) people who are not yet acclimated to 
                        environmental stressors that are commonly 
                        experienced during incarceration, including 
                        those who have been incarcerated for less than 
                        1 year from the date of intake.

SEC. 4. IMPROVING ENVIRONMENTAL MONITORING AND REPORTING AT FEDERAL 
              CARCERAL FACILITIES.

    (a) Data.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and annually thereafter, the Director, 
        the Director of the United States Marshals Service, the 
        Director of U.S. Immigration and Customs Enforcement, and the 
        Director of the Bureau of Indian Affairs, in coordination with 
        the Administrator of the Environmental Protection Agency, shall 
        make publicly available, including on a publicly accessible 
        website, data on the prevalence of, and exposure to, 
        environmental stressors at Federal carceral facilities, 
        including--
                    (A) the ambient air quality of outdoor recreational 
                space and how levels of carbon monoxide, lead, nitrogen 
                oxides, ground-level ozone, particulate matter, and 
                sulfur dioxide compare to the National Ambient Air 
                Quality Standards of the Environmental Protection 
                Agency;
                    (B) the indoor air quality of spaces in which 
                incarcerated people are held or to which incarcerated 
                people have access;
                    (C) how the indoor air quality of spaces described 
                in subparagraph (B) compares to--
                            (i) thresholds defined by the Air Quality 
                        Index; and
                            (ii) action levels issued by the 
                        Environmental Protection Agency, including the 
                        radon action level;
                    (D) how the indoor air quality infrastructure 
                compares to standards promulgated and guidance issued 
                by the Occupational Safety and Health Administration 
                and the American Society of Heating, Refrigerating and 
                Air-Conditioning Engineers;
                    (E) the presence of asbestos;
                    (F) the quality of water that incarcerated people 
                receive to drink, use for sanitary purposes, or 
                otherwise consume relative to--
                            (i) primary drinking water regulations or 
                        secondary drinking water regulations (as those 
                        terms are defined in section 1401 of the Safe 
                        Drinking Water Act (42 U.S.C. 300f)); and
                            (ii) the regulatory standards set by the 
                        State or Tribal agency that has jurisdiction 
                        over the facility;
                    (G) the mean and range of temperatures and heat 
                stress indices, taking into account humidity, to which 
                incarcerated people are exposed in different seasons;
                    (H) the presence of pests, mold, and communicable 
                diseases;
                    (I) access to natural light, light levels conducive 
                to sleep, and green space;
                    (J) the quality of the diets of incarcerated people 
                relative to the Dietary Guidelines for Americans 
                published by the Department of Health and Human 
                Services and the Department of Agriculture;
                    (K) the levels of noise in areas where incarcerated 
                people spend or are required to spend significant 
                amounts of time; and
                    (L) how the noise levels described in subparagraph 
                (K) compare to guidance issued by the Centers for 
                Disease Control and the Occupational Safety and Health 
                Administration.
            (2) Data principles.--The Director, the Director of the 
        United States Marshals Service, the Director of U.S. 
        Immigration and Customs Enforcement, and the Director of the 
        Bureau of Indian Affairs shall ensure that the data published 
        under paragraph (1)--
                    (A) reflect conditions at the point of use or 
                exposure of incarcerated people;
                    (B) abide by the principles of findability, 
                accessibility, interoperability, and reusability, as 
                commonly defined in scientific literature;
                    (C) are timely and freely available;
                    (D) are published in a machine-readable file 
                format, to support academic research, journalistic 
                investigation, and advocacy;
                    (E) to the extent practicable, are provided in a 
                format and are accompanied by information, such as the 
                number of incarcerated people at the facility and 
                capacity of the facility, that facilitates use by the 
                judicial system in determining sentencing and 
                eligibility for incarceration diversion programs;
                    (F) to the extent practicable, while maintaining 
                anonymity, are disaggregated by facility, State, 
                location, race, ethnicity, immigration status, native 
                language, sexual orientation, sex, gender, educational 
                achievement, age, disability status, pregnancy status, 
                duration of sentence, previous incarceration history, 
                and category of the criminal charge against the person;
                    (G) to the extent practicable, are disaggregated to 
                levels that track exposure at the level of discrete 
                individuals, ensuring that personally identifiable 
                information is removed; and
                    (H) to the extent practicable, include information 
                on economic cost and years of life lost associated with 
                the cumulative exposure of incarcerated people and 
                carceral facility staff to environmental stressors at 
                Federal carceral facilities.
    (b) Advisory Panel.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Director, in coordination with the 
        Director of the United States Marshals Service, the Director of 
        U.S. Immigration and Customs Enforcement, and the Director of 
        the Bureau of Indian Affairs, in consultation with the 
        Administrator of the Environmental Protection Agency, shall 
        establish and provide resources for an independent advisory 
        panel authorized to--
                    (A) conduct research on environmental health at all 
                Federal carceral facilities;
                    (B) provide recommendations to increase monitoring 
                of environmental stressors at all Federal carceral 
                facilities;
                    (C) provide recommendations for policy 
                interventions to mitigate and adapt to environmental 
                health threats at all Federal carceral facilities;
                    (D) advise on which environmental stressors arise 
                from factors within Federal carceral facilities and 
                which environmental stressors arise from factors 
                external to Federal carceral facilities, and advise on 
                interagency collaborations to mitigate these external 
                factors; and
                    (E) advise on any emergency management protocols 
                established to respond to environmental health threats 
                at facilities.
            (2) Members.--The advisory panel established under 
        paragraph (1) shall be comprised of public health researchers 
        and experts, currently and formerly incarcerated people, people 
        currently and formerly incarcerated in juvenile justice 
        systems, carceral facility staff, carceral facility staff union 
        leaders, organizations that seek to improve the environmental 
        health of incarcerated people and people incarcerated in 
        juvenile justice systems, and community-based organizations 
        that represent currently and formerly incarcerated people.
    (c) Report.--Not later than 3 years after the date of enactment of 
this Act, and every 5 years thereafter, the Director, in coordination 
with the Director of the United States Marshals Service, the Director 
of U.S. Immigration and Customs Enforcement, and the Director of the 
Bureau of Indian Affairs, shall submit to the appropriate congressional 
committees and make publicly available a report detailing, for each 
Federal carceral facility--
            (1) applicable recommendations described in subsection (b);
            (2) the prevalence and quantitative measurements of the 
        environmental stressors described in section 4(a)(1); and
            (3) compiled narratives or qualitative data provided by 
        incarcerated people, formerly incarcerated people who were 
        released from custody not more than 5 years before the date on 
        which the report is submitted, and carceral facility staff on 
        environmental health conditions.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the monitoring and 
data reporting requirements under this section.

SEC. 5. COMMUNICATING HEALTH INFORMATION AND OPTIONS.

    (a) Bureau of Prisons.--Not later than 2 years after the date of 
enactment of this Act, the Attorney General, acting through the 
Director, shall conduct assessments of existing data and establish 
regulations that ensure that incarcerated people and carceral facility 
staff in each Federal carceral facility under the jurisdiction of the 
Bureau of Prisons receive, upon intake or commencement of employment, 
and annually thereafter, oral and written comprehensible information 
on--
            (1) the prevalence and quantitative measurements of 
        environmental stressors in the respective Federal carceral 
        facility, including the data made available under section 
        4(a)(1).
            (2) the risk of exposure to environmental stressors known 
        to present a threat to environmental health in the respective 
        Federal carceral facility to--
                    (A) the general incarcerated population;
                    (B) vulnerable populations within the general 
                incarcerated population; and
                    (C) carceral facility staff;
            (3) measures being undertaken by the Director to mitigate 
        or adapt to environmental stressors known to present a threat 
        to environmental health in the respective Federal carceral 
        facility; and
            (4) a complete list of options and protective measures 
        available to incarcerated people and carceral facility staff to 
        address the risk of harm from exposure to environmental 
        stressors known to present a threat to environmental health in 
        the respective Federal carceral facility, including--
                    (A) associated costs and lower-cost or cost-free 
                alternatives; and
                    (B) instructions on how incarcerated people and 
                carceral facility staff can avail themselves of these 
                options.
    (b) Other Federal Carceral Facilities.--Not later than 5 years 
after the date of enactment of this Act, the Director of the United 
States Marshals Service, the Director of U.S. Immigration and Customs 
Enforcement, and the Director of the Bureau of Indian Affairs shall 
conduct assessments of existing data and establish regulations 
substantially similar to the regulations established under subsection 
(a) for each Federal carceral facility under their respective 
jurisdictions.
    (c) Cause of Action.--Notwithstanding section 7 of the Civil Rights 
of Institutionalized Persons Act (42 U.S.C. 1997e), any incarcerated 
person or carceral facility staff aggrieved by a violation of the 
information communication requirements under subsection (a) or (b) may 
bring an action under this subsection against the relevant Federal 
agency in the district court of the United States for the district 
containing the facility at which the violation is alleged to have 
occurred for the relief available under subsection (d).
    (d) Relief.--Relief for a person prevailing in an action brought 
under subsection (c) may include--
            (1) mandatory injunctive relief to provide such information 
        as required under subsection (a) or (b);
            (2) damages for adverse health outcomes resulting from the 
        withholding of information on environmental health conditions 
        required under subsection (a) or (b); and
            (3) compensation for litigation costs, filing fees, expert 
        witness fees, and reasonable attorneys' fees.
    (e) Publication of Information.--
            (1) Bureau of prisons.--Not later than 60 days after 
        information is first provided to the relevant incarcerated 
        people and carceral facility staff pursuant to the regulations 
        promulgated under subsection (a), the Director shall make that 
        information and any associated material available on a publicly 
        accessible website.
            (2) Other federal carceral facilities.--Not later than 180 
        days after information is first provided to the relevant 
        incarcerated people and carceral facility staff pursuant to the 
        regulations promulgated under subsection (b), the director of 
        the agency that the carceral facility is operated by, 
        affiliated with, or under contract with shall make that 
        information and any associated material publicly available.
    (f) State Guidance.--Beginning in the fifth fiscal year following 
the date of enactment of this Act, and in each fiscal year thereafter, 
for each State that receives a grant under subpart 1 of part E of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10151 et seq.) that does not have in effect throughout the State for 
the fiscal year laws, regulations, or guidance that mandate 
substantially similar requirements to the requirements under subsection 
(a), the Attorney General shall ensure that 25 percent of the grant 
funding that would otherwise be allocated to the State under such 
subpart shall be set aside for use to remediate environmental health 
threats in carceral facilities in the State.

SEC. 6. NATIONAL ENVIRONMENTAL POLICY ACT CONSIDERATIONS.

    (a) Use of Data.--Not later than 5 years after the date of 
enactment of this Act, the Attorney General, the Secretary of Homeland 
Security, and the Secretary of the Interior, in consultation with the 
Administrator of the Environmental Protection Agency, the Council on 
Environmental Quality, and the National Environmental Justice Advisory 
Council, after taking into consideration recommendations from the 
advisory panel and data reported pursuant to section 4, shall review 
and update procedures relating to the implementation of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect 
to major Federal actions carried out at Federal carceral facilities.
    (b) Report.--Not later than 5 years after the date of enactment of 
this Act, the Attorney General, in coordination with the Secretary of 
Homeland Security and the Secretary of the Interior, shall submit a 
report to the appropriate congressional committees detailing how the 
agencies' procedures relating to the implementation of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect 
to major Federal actions carried out at Federal carceral facilities 
have been updated pursuant to subsection (a).
    (c) Content of Environmental Impact Statements.--
            (1) Environmental justice analysis.--An environmental 
        impact statement prepared for a proposed agency action relating 
        to Federal carceral facilities completed pursuant to section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) shall include an analysis of the direct, 
        indirect, and cumulative environmental impacts of the proposed 
        action on communities with environmental justice concerns, 
        including both surrounding communities and populations of 
        incarcerated people and carceral facility staff within the 
        relevant facility.
            (2) Alternatives to incarceration.--An environmental impact 
        statement prepared for a proposed agency action relating to new 
        construction or expansion of Federal carceral facilities 
        completed pursuant to section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall 
        include, as part of the analysis of reasonable alternatives 
        required pursuant to that section, analyses regarding 
        decarceration, diversion, compassionate release, and other 
        programs designed to reduce the size of the incarcerated 
        population.
    (d) Access to Documentation.--All draft and final environmental 
assessments, findings of no significant impact, categorical exclusion 
determinations, environmental impact statements, and supporting 
documentation, including Federal Register notices shall also be made 
readily and freely accessible to incarcerated people at, or who are 
foreseeably likely to be transferred to, facilities impacted by the 
applicable major Federal action, by proactively providing incarcerated 
people and carceral facility staff with opportunities to access and 
study physical or digital copies of the documents.
    (e) Opportunity for Comment.--All incarcerated people and carceral 
facility staff at, or who are foreseeably likely to be transferred to 
or employed at, facilities impacted by a major Federal action that is 
subject to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) shall be given the opportunity to participate in the 
scoping and public review process for an environmental impact statement 
by being given access to resources to study the environmental impact 
statement and submit public comments.
    (f) Inclusion in Agency Record of Decision.--The relevant Federal 
agency shall include in its record of decision or finding of no 
significant impact, as applicable, prepared for any review process 
subject to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) a summary of how the feedback from incarcerated people 
and carceral facility staff pursuant to subsection (e) was factored 
into the agency's decision-making process.

SEC. 7. PROCUREMENT LANGUAGE.

    Not later than 180 days after the date of enactment of this Act, 
the Director, the Director of the United States Marshals Service, the 
Director of U.S. Immigration and Customs Enforcement, and the Director 
of the Bureau of Indian Affairs, in coordination with the Administrator 
of the General Services Administration, shall implement procurement 
language that gives preference to contractors and vendors that, for any 
given contract, demonstrate that any infrastructure installation in a 
Federal carceral facility as a result of new construction, maintenance, 
a retrofit, a repair, or rehabilitation of the Federal carceral 
facility aids in improving the environmental health of incarcerated 
people and carceral facility staff.

SEC. 8. CREATING MODEL PROGRAMS FOR ENVIRONMENTAL HEALTH IMPROVEMENTS.

    (a) Feasibility Studies.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Director, in coordination with the 
        Director of the United States Marshals Service, the Director of 
        U.S. Immigration and Customs Enforcement, and the Director of 
        the Bureau of Indian Affairs, in consultation with the advisory 
        panel established under section 4(b), shall conduct and make 
        publicly available feasibility studies to investigate the 
        potential environmental health benefits of improvements to 
        carceral facilities for incarcerated people, carceral facility 
        staff, and residents of surrounding communities.
            (2) Scope of studies.--The studies conducted pursuant to 
        paragraph (1) shall investigate not fewer than 10 Federal 
        carceral facilities that have a variety of security levels and 
        in total hold not fewer than 5,000 incarcerated people.
            (3) Consultation.--In conducting the feasibility studies 
        required under paragraph (1), the Director shall consult with 
        the advisory panel established under section 4(b), the 
        Administrator of the Environmental Protection Agency, the 
        Secretary of Energy, the Secretary of Labor, and the heads of 
        other relevant Federal agencies.
            (4) Facilities.--At least one facility under the 
        jurisdiction of each of the Bureau of Prisons, the United 
        States Marshals Service, U.S. Immigration and Customs 
        Enforcement, and the Bureau of Indian Affairs shall be the 
        subject of a feasibility study required under paragraph (1).
            (5) Subjects.--The feasibility studies required under 
        paragraph (1) shall study the costs, security considerations, 
        and anticipated health benefits of decreasing the size of the 
        incarcerated population, updating, installing, or retrofitting 
        infrastructure in Federal carceral facilities and establishing, 
        supporting, or expanding programs in order to minimize exposure 
        or increase resiliency to environmental stressors at the point 
        of use or exposure to such stressors, including factors such 
        as--
                    (A) air quality, ventilation, heating, insulation, 
                air conditioning, shade, and air filtration;
                    (B) fire safety;
                    (C) water treatment, filtration, and softening;
                    (D) asbestos abatement;
                    (E) pest, mold, and communicable disease abatement;
                    (F) natural light;
                    (G) noise pollution;
                    (H) waste management;
                    (I) opportunities for exercise available to 
                incarcerated people;
                    (J) green space, including gardens, indoor plants, 
                and other healthy vegetation visible to incarcerated 
                people; and
                    (K) organic farming, hydroponics, greenhouses, and 
                other methods of producing nutritious foods at or near 
                Federal carceral facilities consumed by incarcerated 
                people within the facility.
    (b) Prioritization.--In selecting Federal carceral facilities on 
which to focus the studies conducted under subsection (a)(1), the 
Director, in coordination with the Director of the United States 
Marshals Service, the Director of U.S. Immigration and Customs 
Enforcement, and the Director of the Bureau of Indian Affairs, shall 
prioritize Federal carceral facilities based on--
            (1) the size of the vulnerable population at the Federal 
        carceral facility;
            (2) the known prevalence of environmental stressors at the 
        Federal carceral facility;
            (3) the degree to which studies would fill data gaps in 
        environmental health at the Federal carceral facility;
            (4) the proximity of the Federal carceral facility to 
        sources of pollution, such as landfills, factories, and 
        Superfund sites; and
            (5) the age of the environmental health infrastructure of 
        the Federal carceral facility.
    (c) Feedback.--The Director, in coordination with the Director of 
the United States Marshals Service, the Director of U.S. Immigration 
and Customs Enforcement, and the Director of the Bureau of Indian 
Affairs, shall solicit feedback on the feasibility studies conducted 
under subsection (a)(1) by--
            (1) establishing a forum for public comment that enables 
        feedback from stakeholders, including--
                    (A) incarcerated people and formerly incarcerated 
                people;
                    (B) Federal carceral facility staff;
                    (C) family and friends of incarcerated people;
                    (D) contractors of Federal carceral facilities;
                    (E) relevant community-based organizations;
                    (F) relevant organizations;
                    (G) healthcare providers; and
                    (H) public health researchers; and
            (2) soliciting the opinion of the advisory panel 
        established under section 4(b).
    (d) Facility Improvements.--
            (1) In general.--Not later than 1 year after the date on 
        which the Director makes the feasibility studies conducted 
        pursuant to subsection (a)(1) publicly available, the Director, 
        in coordination with the Director of the United States Marshals 
        Service, the Director of U.S. Immigration and Customs 
        Enforcement, and the Director of the Bureau of Indian Affairs, 
        in consultation with the advisory panel established under 
        section 4(b), shall make improvements to the environmental 
        health of incarcerated people and carceral facility staff at 
        not fewer than 5 of the Federal carceral facilities that were 
        the subject of feasibility studies by decreasing the size of 
        the incarcerated population, updating, installing, or 
        retrofitting infrastructure in the facilities, or establishing, 
        supporting, or expanding programs pursuant to paragraph (3).
            (2) Considerations.--In carrying out paragraph (1), the 
        Director, in coordination with the Director of the United 
        States Marshals Service, the Director of U.S. Immigration and 
        Customs Enforcement, and the Director of the Bureau of Indian 
        Affairs, shall take into account--
                    (A) the feasibility studies conducted under 
                subsection (a)(1); and
                    (B) the feedback received pursuant to subsection 
                (c).
            (3) Scope of improvements.--In carrying out paragraph (1), 
        funds may only be used to--
                    (A) improve infrastructure in carceral facilities 
                relating to air quality, ventilation, temperature, 
                water quality, water treatment, waste management, noise 
                pollution, and light pollution;
                    (B) increase the access of incarcerated people and 
                carceral facility staff to natural light and green 
                space;
                    (C) establish, support, or expand opportunities for 
                incarcerated people to grow or raise nutritious and 
                culturally relevant food through organic farming, 
                hydroponics, or greenhouses to be consumed by 
                incarcerated people within the carceral facility at 
                which the food is grown;
                    (D) improve the nutrition of meals served to 
                incarcerated people, including when feasible by serving 
                fresh fruits and vegetables at no additional charge;
                    (E) improve the occupational health and safety of 
                incarcerated people by providing personal protective 
                equipment and establishing safer work opportunities;
                    (F) educate incarcerated people and carceral 
                facility staff on strategies and options to minimize 
                exposure to environmental stressors and otherwise 
                safeguard or improve environmental health;
                    (G) train carceral facility staff to recognize 
                signs of illness relating to environmental health and 
                appropriately intervene to mitigate the environmental 
                stressors causing such illnesses;
                    (H) establish, support, or expand pretrial 
                diversion, reentry, compassionate release, and other 
                programs that provide an alternative to incarceration, 
                especially for vulnerable populations;
                    (I) improve access to quality medical care from 
                non-profit providers for incarcerated people and 
                carceral facility staff, including physical and mental 
                health care, ensure medical personnel in carceral 
                facilities are adequately trained to detect and treat 
                illnesses related to environmental health, and 
                facilitate the transfer of health records to community 
                providers as people exit the criminal justice system to 
                facilitate continuity of care; and
                    (J) purchase items that could be used to rapidly 
                mitigate exposure to environmental health stressors in 
                times of an emergency without additional cost to 
                incarcerated people and carceral facility staff, such 
                as clothing, blankets, bottled water, fans, and air 
                filters.
            (4) Compensation of community based organizations.--Funds 
        may be used to compensate community based organizations and 
        other non-profit organizations that support or further the 
        improvements and programs listed under paragraph (3).
            (5) Restriction.--In carrying out this subsection--
                    (A) funds may not be used to carry out 
                infrastructure improvements or actions that increase 
                the capacity of Federal carceral facilities to hold 
                additional incarcerated people;
                    (B) funds may not be used to pay carceral facility 
                staff; and
                    (C) not more than 5 percent of the funds 
                appropriated pursuant to subsection (e) may be used for 
                the purposes of carrying out subparagraphs (I) or (J) 
                of paragraph (3).
            (6) Completion date.--The programs established under 
        paragraph (1) shall be completed not later than 5 years after 
        the feasibility studies conducted under subsection (a)(1) are 
        made publicly available pursuant to such subsection.
            (7) Participation.--To the extent practicable, including 
        through reevaluation of policies that restrict the access of 
        incarcerated people to tools or restrict the time incarcerated 
        people spend outside of cells at carceral facilities, the 
        Director shall provide opportunities for incarcerated people to 
        actively participate in the improvements described in paragraph 
        (1).
            (8) Report.--Not later than 1 year after the completion of 
        the programs established under paragraph (1), the Director, in 
        coordination with the Director of the U.S. Marshals Service, 
        the Director of U.S. Immigration and Customs Enforcement, and 
        the Director of the Bureau of Indian Affairs, shall submit to 
        the appropriate congressional committees a report detailing the 
        outcomes of the programs established, supported, or expanded 
        under paragraph (1), including--
                    (A) quantitative indicators of the success of the 
                programs at improving the environmental health of 
                incarcerated people and carceral facility staff, 
                including, when feasible, data disaggregated by race, 
                ethnicity, sex, gender, primary language, age, 
                disability status, sexuality, and, in the case of an 
                incarcerated person, the category of the criminal 
                charge against the person;
                    (B) relevant quantitative and qualitative 
                evaluations of incarcerated people and carceral 
                facility staff on the perceived impact of the program; 
                and
                    (C) strategies to replicate the programs at other 
                Federal carceral facilities.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2025 through 2029.

SEC. 9. GRANT PROGRAM TO IMPROVE ENVIRONMENTAL HEALTH OUTCOMES FOR 
              PEOPLE IN STATE, LOCAL, AND TRIBAL CARCERAL FACILITIES.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State government;
                    (B) a local government; or
                    (C) a federally recognized Tribal government.
            (2) Program.--The term ``Program'' means the Environmental 
        Health for Incarcerated People Grant Program established under 
        subsection (b).
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
    (b) Establishment.--There is established within the Office of 
Environmental Justice and External Civil Rights of the Environmental 
Protection Agency the Environmental Health for Incarcerated People 
Grant Program.
    (c) Awards.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency, 
acting through the Assistant Administrator of the Office of 
Environmental Justice and External Civil Rights, shall award grants 
under the Program to eligible entities for the purpose of decreasing 
the size of the incarcerated population, updating, installing, or 
retrofitting infrastructure, or establishing, supporting, or expanding 
programs in State, local, and Tribal carceral facilities to improve 
environmental health outcomes for incarcerated people and carceral 
facility staff pursuant to subsection (g).
    (d) Applications.--An eligible entity seeking a grant under the 
Program shall submit to the Office of Environmental Justice and 
External Civil Rights an application at such time, in such manner, and 
containing such information as the Assistant Administrator of the 
Office of Environmental Justice and External Civil Rights may require.
    (e) Consultation.--In awarding grants under the Program, the 
Assistant Administrator of the Office of Environmental Justice and 
External Civil Rights shall consult stakeholders, such as--
            (1) relevant community-based organizations, such as 
        organizations that represent incarcerated and formerly 
        incarcerated people including people currently and formerly 
        incarcerated in juvenile secure facilities and civil commitment 
        facilities, and organizations that seek to improve 
        environmental health outcomes for incarcerated people and 
        carceral facility staff;
            (2) environmental and public health researchers and policy 
        experts; and
            (3) relevant advocacy organizations.
    (f) Priority.--In awarding grants under the Program, the Assistant 
Administrator of the Office of Environmental Justice and External Civil 
Rights shall prioritize eligible entities based on--
            (1) the size of the vulnerable population incarcerated 
        under the jurisdiction of the eligible entity;
            (2) the known prevalence of environmental stressors in or 
        near carceral facilities under the jurisdiction of the eligible 
        entity;
            (3) the degree to which grants would fill gaps in data on 
        environmental health variables described in subsection (g) at 
        State, local, and Tribal carceral facilities;
            (4) the proximity of carceral facilities under the 
        jurisdiction of the eligible entity to sources of pollution, 
        such as landfills, factories, and Superfund sites; and
            (5) the extent to which the eligible entity has 
        demonstrated a commitment to improving the environmental health 
        of incarcerated people, including by making--
                    (A) prior investments in environmental health 
                infrastructure at carceral facilities; and
                    (B) prior efforts to comply with court-ordered 
                schedules to meet environmental standards at carceral 
                facilities.
    (g) Use of Funds.--An eligible entity that receives a grant under 
the Program shall use amounts from the grant to decrease the size of 
the incarcerated population, update, install, or retrofit 
infrastructure, and establish, support, or expand programs that 
minimize environmental stressors at points of use or exposure of 
incarcerated people by--
            (1) improving infrastructure in carceral facilities 
        relating to air quality, ventilation, temperature, shade, water 
        quality, water treatment, waste management, noise pollution, or 
        light pollution;
            (2) increasing the access of incarcerated people and 
        carceral facility staff to natural light and green space;
            (3) establishing, supporting, or expanding opportunities 
        for incarcerated people to grow or raise nutritious and 
        culturally relevant food through organic farming, hydroponics, 
        or greenhouses to be consumed by incarcerated people within the 
        carceral facility at which the food is grown;
            (4) improving the nutrition of meals served to incarcerated 
        people, including by serving fresh fruits and vegetables at no 
        additional charge;
            (5) improving the occupational health and safety of 
        incarcerated people by providing personal protective equipment 
        and establishing safer work opportunities;
            (6) educating incarcerated people and carceral facility 
        staff on strategies and options to minimize exposure to 
        environmental stressors and otherwise safeguard or improve 
        environmental health;
            (7) training carceral facility staff to recognize signs of 
        illness relating to environmental health and appropriately 
        intervene to mitigate the environmental stressors causing such 
        illnesses;
            (8) establishing, supporting, or expanding pretrial 
        diversion, reentry, compassionate release, and other programs 
        that provide an alternative to incarceration, especially for 
        vulnerable populations;
            (9) improving access to quality medical care from non-
        profit providers for incarcerated people and carceral facility 
        staff, including physical and mental health care, ensuring 
        medical personnel in carceral facilities are adequately trained 
        to detect and treat illnesses related to environmental health, 
        and facilitating the transfer of health records to community 
        providers as people exit the criminal justice system to 
        facilitate continuity of care; or
            (10) purchasing items that could be used to rapidly 
        mitigate exposure to environmental health stressors in times of 
        an emergency without additional cost to incarcerated people and 
        carceral facility staff, such as clothing, blankets, bottled 
        water, fans, and air filters.
    (h) Compensation of Community Based Organizations.--An eligible 
entity that receives a grant under the Program may use amounts from the 
grant to compensate community based organizations and other non-profit 
organizations that support or further the improvements and programs 
pursuant to subsection (g).
    (i) Restrictions.--In carrying out this subsection--
            (1) funds may not be used to carry out infrastructure 
        improvements or actions that increase the capacity of carceral 
        facilities to hold additional incarcerated people;
            (2) funds may not be used to pay carceral facility staff; 
        and
            (3) an eligible entity may not use more than 5 percent of 
        amounts from a grant awarded under the Program to facilitate 
        the aims pursuant to subsection (g)(9) or purchase rapid 
        response items pursuant to subsection (g)(10).
    (j) Duration.--A grant awarded under the Program shall be for a 5-
year period.
    (k) Duties.--A State, local, or Tribal government that receives a 
grant under the Program shall--
            (1) implement the program or initiative funded by the 
        grant; and
            (2) not later than 1 year after the date of the termination 
        of the grant, report to the Attorney General outputs and 
        outcomes of the program or initiative described in paragraph 
        (1), including information on--
                    (A) quantitative indicators of the success of the 
                program or initiative at improving the environmental 
                health of incarcerated people and carceral facility 
                staff, including data disaggregated by race, ethnicity, 
                sex, gender, primary language, age, disability status, 
                sexuality, and, in the case of an incarcerated person, 
                the category of the criminal charge against the person;
                    (B) relevant quantitative and qualitative 
                evaluations of incarcerated people and carceral 
                facility staff on the perceived impact of the program 
                or initiative;
                    (C) strategies to sustain the program or initiative 
                beyond the duration of the grant;
                    (D) emergency management protocols for responding 
                to environmental health threats at carceral facilities 
                under the jurisdiction of the grant recipient; and
                    (E) strategies to replicate the successful aspects 
                of the program or initiative at other carceral 
                facilities.
    (l) Report.--Not later than 6 years after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall submit to the appropriate congressional committees a report 
detailing the outcomes of grants awarded under the Program.
    (m) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Administrator of the Office of 
Environmental Justice and External Civil Rights to carry out this 
section $50,000,000 for each of fiscal years 2025 through 2029.
    (n) Distribution of Funds.--Not less than 15 percent of funds 
appropriated under this section shall be directed to support programs 
and initiatives that benefit Tribal carceral facilities.

SEC. 10. REPORT ON MITIGATION AND ADAPTATION MEASURES.

    Not later than 2 years after the date of enactment of this Act, and 
every 5 years thereafter, the Director, in coordination with the 
Director of the United States Marshals Service, the Director of U.S. 
Immigration and Customs Enforcement, and the Director of the Bureau of 
Indian Affairs, shall submit to the appropriate congressional 
committees a report detailing--
            (1) rapid-response and longer-term measures undertaken at 
        Federal carceral facilities to--
                    (A) mitigate the exposure of incarcerated people 
                and staff of Federal carceral facilities to ambient air 
                pollutants;
                    (B) improve indoor air quality;
                    (C) improve water quality at point of use and 
                increase access to safe water for incarcerated people 
                and carceral facility staff;
                    (D) mitigate the exposure of incarcerated people 
                and staff of Federal carceral facilities to extreme 
                cold and heat;
                    (E) increase opportunities for incarcerated people 
                and staff of Federal carceral facilities to access 
                natural light and green space;
                    (F) ensure incarcerated people have access to a 
                healthy, culturally relevant, and nutritious diet;
                    (G) abate asbestos, pests, mold, and communicable 
                diseases;
                    (H) improve the occupational health and safety of 
                incarcerated laborers and carceral facility staff; and
                    (I) improve access to quality medical care for 
                incarcerated people and carceral facility staff, 
                including physical and mental health care, and ensure 
                medical personnel in carceral facilities are adequately 
                trained to detect and treat illnesses related to 
                environmental health.
            (2) plans in place to mitigate or adapt to events, such as 
        natural disasters or equipment failure, that increase the 
        exposure of incarcerated people and staff of Federal carceral 
        facilities to environmental stressors;
            (3) evaluations from incarcerated people describing the 
        extent to which the measures and plans described under 
        paragraphs (1) and (2) are conducive to improving or protecting 
        the environmental health of vulnerable populations within 
        Federal carceral facilities; and
            (4) data limitations and monitoring constraints that 
        inhibit the mitigation of or adaptation to environmental 
        stressors at Federal carceral facilities.

SEC. 11. PROHIBITION ON PENALIZATION OR RETALIATION.

    (a) Definition.--In this section, the term ``penalized or 
retaliated against'' includes actions such as--
            (1) being placed in solitary confinement;
            (2) having employment terminated;
            (3) being placed on employment leave;
            (4) being assigned to unfavorable labor;
            (5) being transferred to a different cell, cellblock, or 
        facility;
            (6) having privileges revoked; or
            (7) being subjected to unequal enforcement of policies.
    (b) Federal Carceral Facilities.--A person incarcerated at, or 
carceral facility staff employed at, a Federal carceral facility may 
not be penalized or retaliated against for--
            (1) requesting, responding to requests for, or volunteering 
        information pursuant to this Act on environmental health 
        conditions in any Federal carceral facility, including 
        requesting information collected pursuant to section 4, serving 
        on or communicating with the advisory panel established under 
        section 4, or providing evaluations for inclusion in the 
        reports submitted under sections 4, 8, and 10; or
            (2) filing an administrative complaint pursuant to 
        subsection (f).
    (c) State, Local, and Tribal Carceral Facilities.--A person 
incarcerated at, or carceral facility staff employed at, a carceral 
facility operated by, affiliated with, or operated under a contract 
with a State or federally recognized Indian Tribe that has received 
funds from a grant under section 9 may not be penalized or retaliated 
against for--
            (1) requesting, responding to requests for, or volunteering 
        information on environmental health conditions in any State, 
        local, or Tribal carceral facility, including providing 
        evaluations for inclusion in reports under section 9; or
            (2) filing an administrative complaint pursuant to 
        subsection (f).
    (d) Cause of Action.--Notwithstanding section 7 of the Civil Rights 
of Institutionalized Persons Act (42 U.S.C. 1997e), any person who 
alleges penalization or retaliation in violation of subsection (b) or 
(c) may bring an action under this subsection against the Federal, 
State, local, or Tribal government in the district court of the United 
States for the district in which the facility at which the violation is 
alleged to have occurred is located, for the relief available under 
subsection (e).
    (e) Relief.--Relief for a person prevailing in an action brought 
under subsection (d) may include--
            (1) mandatory or prohibitive injunctive relief to prevent 
        or terminate any acts in violation of subsection (b) or (c);
            (2) damages for wages lost due to penalization or 
        retribution in violation of subsection (b) or (c); and
            (3) compensation for litigation costs, filing fees, expert 
        witness fees, and reasonable attorneys' fees.
    (f) Administrative Complaint.--Any incarcerated person or carceral 
facility staff who has been penalized or retaliated against in 
violation of subsection (b) or (c) may file an administrative complaint 
with the Attorney General, the status or outcome of which shall not 
alter a person's right to bring an action under subsection (d).
    (g) Federal Violations.--Upon receiving an administrative complaint 
pursuant to subsection (f), the Attorney General, acting through the 
Director, may take disciplinary action against carceral facility staff 
who violate subsection (b).
    (h) State, Local, and Tribal Violations.--
            (1) In general.--Upon receiving an administrative complaint 
        pursuant to subsection (f), the Administrator of the 
        Environmental Protection Agency, acting through the Assistant 
        Administrator of the Office of Environmental Justice and 
        External Civil Rights, may modify or revoke, after opportunity 
        for a hearing, a grant awarded to an eligible entity pursuant 
        to section 9 upon finding a violation of subsection (c).
            (2) Limitation.--No such modification or revocation may be 
        made pursuant to paragraph (1) until the Assistant 
        Administrator of the Office of Environmental Justice and 
        External Civil Rights has advised the appropriate person or 
        persons affiliated with the eligible entity of the violation 
        and has determined that subsequent compliance cannot be secured 
        by voluntary means.
                                 <all>
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